RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01220
INDEX CODE: 108.02
COUNSEL: NONE
HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 16 OCTOBER 2006
_________________________________________________________________
APPLICANT REQUESTS THAT:
His disability discharge be changed to disability retirement, with a
100% compensable disability rating.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He sustained an injury to his back while in the line of duty which was
determined to be non-operable/high risk. This injury prevents active
duty service and has rendered him not practically employable;
therefore, retirement is the only just outcome.
In support of his request, the applicant submits a personal statement,
statements from medical specialists, a CD-ROM of his military medical
records, copies of his line of duty determination, medical narrative
summaries for Medical Evaluation Board (MEB) and additional documents
associated with the issues cited in his contentions. The applicant’s
complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 14 May 1993, the applicant was appointed a second lieutenant,
Reserve of the Air Force, and was voluntarily ordered to extended
active duty on 28 October 1993. He was progressively promoted to the
grade of captain, effective and with a date of rank of 6 August 1997.
A Medical Evaluation Board (MEB) was convened on 9 March 2001 and
their diagnosis and findings were: continuous lower back pain, with 1
July 2000 as the approximate date of origin. The MEB recommended
referral to the Informal Physical Evaluation Board (IPEB).
On 23 March 2001, an Informal Physical Evaluation Board (IPEB)
convened and established a diagnosis of chronic low back pain
associated with L4-L5 and L-5-S1 disc bulge with disc desiccation, not
currently amenable to surgical correction. The IPEB found the
applicant unfit because of physical disability and recommended
discharge with severance pay with a compensable rating of 20 percent.
On 6 April 2001, the applicant disagreed with the findings and
recommended disposition of the IPEB and demanded a formal hearing.
Instead of a formal board, due to worsening condition, the applicant
underwent a special review on 19 June 2001 and the results were the
same as the IPEB. On 22 June 2001, the applicant agreed with the
findings and recommended disposition of the IPEB and waived his right
to a Formal PEB (FPEB).
The applicant was honorably discharged on 7 August 2001 under the
provisions of AFI 36-3207 (disability with severance pay). He had
completed a total of seven years, nine months and ten days and was
serving in the grade of captain, Reserve of the Air Force, at the time
of discharge.
The records of the Department of Veterans Affairs (DVA) reflect the
applicant’s current combined compensable disability rating as 60
percent.
The remaining relevant facts pertaining to this application, extracted
from the applicant’s military records, are contained in the letter
prepared by the appropriate office of the Air Force at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant summarized the information contained in
the applicant’s personnel and medical records and, based on the
preponderance of the evidence, concurs with the findings and
recommendation of the Informal Physical Evaluation Board (IPEB). He
states that action and disposition in this case are proper and
equitable reflecting compliance with Air Force directives that
implement the law. The BCMR Medical Consultant is of the opinion that
no change in the applicant’s record is warranted. Details of his
evaluation are at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 25
May 2005 for review and response. As of this date, no response has
been received by this office (Exhibit D).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law
or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. We took notice of the
applicant's complete submission in judging the merits of the case.
However, we agree with the opinion and recommendation of the AFBCMR
Medical Consultant and adopt the rationale expressed as the basis for
our decision that the applicant has failed to sustain his burden that
he has suffered either an error or an injustice. In view of the above
and absent evidence to the contrary, we find no basis to recommend
granting the relief sought in this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that the
application was denied without a personal appearance; and that the
application will only be reconsidered upon the submission of newly
discovered relevant evidence not considered with this application.
_________________________________________________________________
The following members of the Board considered Docket Number BC-2004-
01220 in Executive Session on 30 June 2005, under the provisions of
AFI 36-2603:
Mr. Laurence M. Groner, Panel Chair
Ms. Kathy L. Boockholdt, Member
Mr. Terry L. Scott, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 Apr 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 19 May 05.
Exhibit D. Letter, SAF/MRBR, dated 25 May 05.
LAURENCE M. GRONER
Panel Chair
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